Bennett v. Porter

Background

Dontae Bennett, who was proceeding without a lawyer, sued under 42 U.S.C. § 1983, a federal law allowing certain claims against government actors, seeking damages and injunctive relief. The complaint also asserted related state-law claims. The named defendants were the New York City Department of Correction (DOC), Correctional Health Services (CHS), Ms. Porter, and Captain Toliver. The court had previously granted Bennett permission to proceed without paying the filing fee in advance.

Defendant Entities

The court dismissed Bennett’s claims against the DOC because a New York City agency generally is not a separate entity that can be sued. The court also dismissed the claims against CHS because CHS is a subdivision of NYC Health + Hospitals (H+H), which the court identified as the proper suable entity. Because Bennett clearly intended to assert claims against the City of New York and H+H, the court construed the complaint as asserting claims against those entities and directed the Clerk to amend the caption under Federal Rule of Civil Procedure 21. The court stated that this amendment was without prejudice to defenses the City and H+H might later assert.

Service of the Defendants

The court directed the Clerk to notify the DOC and the New York City Law Department of the order. It requested that the City of New York and Captain Toliver waive service of summonses. Because Bennett was allowed to proceed without prepaying fees, the court directed the Clerk to issue summonses and prepare service forms for H+H and Porter, then provide the necessary materials to the U.S. Marshals Service for service. The court stated that if service was not completed within 90 days after the summonses were issued, Bennett should request an extension of time. Bennett was also required to notify the court in writing of any address change.

Other Rulings

The court directed the Clerk to mail Bennett an information package and included information about the New York Legal Assistance Group clinic for people representing themselves in civil cases. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

Judge Vernon S. Broderick dismissed the claims against Correctional Health Services and the New York City Department of Correction, directed that NYC Health + Hospitals and the City of New York be added as defendants, requested service waivers from the City and Captain Toliver, and directed service by the U.S. Marshals Service on H+H and Porter. The order was procedural and did not decide the merits of Bennett’s underlying claims.